BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2765 (Weber) - Proposition 47:  sentence reduction
          
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          |Version: May 19, 2016           |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File. 

          Bill  
          Summary:  AB 2765 would provide a five-year extension, to  
          November 4, 2022, for a person convicted of a felony that would  
          have been a misdemeanor under Proposition 47, to petition the  
          court for relief, as specified. 


          Fiscal  
          Impact:  
            Trial court workload  :  Potentially significant cost savings  
            (General Fund*) to the courts in FY 2017-18 due to fewer  
            petitions being filed than otherwise would have occurred under  
            the impending filing deadline in November 2017, followed by a  
            temporary increase in  court workload (General Fund*) in FY  
            2018-19 through November 4, 2022, to review additional  
            petitions for relief. While the extension is likely to temper  
            the surge of petitions that otherwise would have been filed in  
            advance of the November 2017 deadline, this bill is likely to  
            result in a net increase in court workload to review  
            additional petitions during the five-year extension that would  
            not have been filed by the current deadline given the  
            substantial number of cases outstanding (in LA County alone,  







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            it is estimated that up to 800,000 qualifying cases may exist  
            for which petitions have not yet been filed). To the extent  
            the extension serves to reduce the number of good cause  
            hearings that otherwise would have been prompted after the  
            existing filing deadline, would serve to offset in whole or in  
            part the additional court workload generated by new filings  
            during the extension period.
            State parole  :  Potential increase in CDCR parole supervision  
            costs (General Fund) to the extent additional persons petition  
            for resentencing and are subject to one year of parole. While  
            a court may release a resentenced defendant from the  
            imposition of parole, it is not required. CDCR has determined  
            that the majority of prison inmates and parolees eligible for  
            resentencing have already petitioned or will file prior to the  
            existing deadline, however, persons convicted of a felony  
            currently under county-level supervision, either PRCS or  
            traditional probation, may still have petitions outstanding.  
            Thus, CDCR may experience an increase in the number of people  
            committed to parole supervision, however, the amount of that  
            increase is unknown. For every 10 additional petitioners  
            subject to parole supervision, costs are estimated at $150,000  
            per year, based on the average supervision cost per parolee  
            under Proposition 47 to date.  
           Local agencies  :  Potential future cost savings in averted  
            local supervision costs (Local Funds) resulting from a  
            potential increase in the number of resentencing petitions  
            filed through the extension period, resulting in a greater  
            number of persons serving less time under county supervision.  
            Additionally, significant near-term workload relief for  
            district attorneys and public defenders working under the  
            impending filing deadline.  
           *Trial Court Trust Fund


          Background:  Proposition 47, which was approved by voters in November 2014,  
          made significant changes to the state's criminal justice system,  
          including reducing the penalties for certain non-violent,  
          non-serious drug and property crimes from felonies or alternate  
          felony-misdemeanors (wobblers) to misdemeanors, and requiring  
          that the resulting state savings be deposited into a new special  
          fund to be spent on mental health and substance use services,  
          truancy and dropout prevention, and victim services. 

          Proposition 47 also authorized defendants serving sentences for  








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          felonies that would have been misdemeanors under Proposition 47  
          had it been in effect at the time of the offenses to petition  
          for a recall of sentence before the trial court that entered the  
          judgment of conviction in his or her case to request  
          resentencing. (Penal Code § 1170.18 (a).)

          Additionally, a person who has completed his or her sentence for  
          a conviction of a felony who would have been guilty of a  
          misdemeanor under Proposition 47 had it been in effect at the  
          time of the offense, may file an application before the trial  
          court that entered the judgment of conviction in his or her case  
          to have the felony conviction designated as a misdemeanor.  
          Unless requested by the applicant, no hearing is necessary to  
          grant or deny an application. (Penal Code § 1170.18 (f), (h).)

          Existing law provides that any petition or application under  
          this section shall be filed within three years after the  
          effective date of the act that added this section or at a later  
          date upon a showing of good cause. (Penal Code § 1170.18 (j).) 


          Under existing law, a person who is resentenced shall be given  
          credit for time served and shall be subject to parole for one  
          year following completion of his or her sentence, unless the  
          court, in its discretion, as part of its resentencing order,  
          releases the person from parole. Such person is subject to  
          Section 3000.08 parole supervision by the CDCR and the  
          jurisdiction of the court in the county in which the parolee is  
          released or resides, or in which an alleged violation of  
          supervision has occurred, for the purpose of hearing petitions  
          to revoke parole and impose a term of custody. (Penal Code §  
          1170.18 (d).) 




          Proposed Law:  
           This bill would provide an extension to November 4, 2022, for a  
          person to file a petition or application for relief with the  
          court, or at a later date upon showing of good cause. 


          Related  
          Legislation:  SB 826 (Committee on Budget and Fiscal Review)  








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          Chapter 23/2016 includes $21.4 million (General Fund) to address  
          increased trial court workload associated with voter approval of  
          Proposition 47. This second year of funding is $13.8 million  
          more than originally estimated for 2016-17.
          Proposition 47, 2014 November General Election, requires  
          misdemeanor rather than felony sentencing for certain property  
          and drug crimes and permits inmates previously sentenced for  
          these reclassified crimes to petition the court for  
          resentencing.




          Staff  
          Comments:  By extending the time period within which defendants  
          impacted by the provisions of Proposition 47 may petition the  
          court for resentencing or reclassification, this bill is likely  
          to result in a net increase in petitions for relief submitted to  
          the courts. While extending the deadline will likely result in a  
          reduction in court workload in 2017-18 from the level that would  
          have been experienced under the impending November 2017 filing  
          deadline, the courts could experience a temporary workload  
          increase in each year 2018-19 through November 4, 2022,  
          inclusive, to review filings that otherwise would have been  
          filed prior to the November 2017 deadline or that may not have  
          been filed at all for (1) reclassifying the convictions of such  
          offenders who have already completed their sentences, and, (2)  
          resentencing offenders who were serving sentences for crimes  
          reduced from felonies to misdemeanors under the measure.
          According to the Proposition 47 Data Summary Report (Judicial  
          Council, Criminal Justice Services), from November 2014 through  
          March 2016 (17 months), nearly 236,000 petitions for  
          resentencing and reclassification had been filed based on data  
          reported by the counties. The potential net increase in the  
          number of filings statewide, while finite, is unknown, but  
          estimated to be substantial. Based on information received from  
          the counties, in Los Angeles County alone, up to 800,000  
          qualifying cases may exist, and in San Diego County, up to  
          200,000 qualifying cases may exist, that have yet to file a  
          petition. 


          To the extent the extension serves to reduce the number of good  
          cause hearings that otherwise would have been prompted after the  








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          existing filing deadline would serve to potentially offset in  
          whole or in part the additional court workload generated by new  
          filings during the extension period. The number of hearings  
          averted, and the timing of those hearings, however, cannot be  
          known with certainty.

          Existing law requires a person who is resentenced to be given  
          credit for time served and subject to parole for one year  
          following completion of his or her sentence, unless the court,  
          in its discretion, as part of its resentencing order, releases  
          the person from parole. The CDCR has determined that the  
          majority of prison inmates and parolees eligible for  
          resentencing have already petitioned or will file a petition  
          prior to the existing deadline, however, persons convicted of a  
          felony currently under county-level supervision, either post  
          release community supervision (PRCS) or traditional probation,  
          may still have petitions outstanding. As a result, the CDCR may  
          experience an increase in the number of people committed to  
          parole supervision, however, the amount of that increase is  
          unknown. For every 10 additional petitioners subject to parole  
          supervision, costs are estimated at $150,000 per year, based on  
          the average supervision cost per parolee under Proposition 47 to  
          date. 


          At the local level, in conjunction with the potential impact to  
          CDCR parole noted above, local agencies could experience cost  
          savings in averted supervision costs under PRCS and probation  
          for persons filing petitions for resentencing during the  
          extension period, resulting in a greater number of persons  
          serving less time under local agency supervision. Additionally,  
          district attorneys and public defenders would experience  
          significant near-term workload relief provided by the five-year  
          filing extension. 


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